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- Embed this noticeA few things often stick out:
1. Do they complain about the consultation fee. If so, red flag. They'll likely either not pay me after the first retainer gets drained, and/or I'll end up spending hours a month justifying my billing (I'm very fair with my billing btw). They'll nitpick every charge. I actually had a client like this try to sue me for the "overcharges." The judge laughed at them. I still had to spend a good day preparing for the trial and another afternoon in court. I got a judgment for my unpaid fees though. 😏 Live and learn.
2. Their goals. If they want to fight on principle after being told how the system actually works (i.e. generally you either compromise a claim, meaning you take less than you'd get at trial and taking into account fees and costs, or you "roll the dice" — trial outcome is hardly predictable in California for a number of reasons I'll refrain from discussing) then they're going to be a problem. It's either because they don't get it, don't want to get it, or simply aren't listening. Pragmatism, not principle, is the rule in litigation. This is one reason I don't do family law.
3. How they've communicated with the other party prior to coming in. Are they overly aggressive, do they make shit up, etc. These types will turn on counsel at some point in a litigation, and you'll spend time documenting everything because they're also likely to make reports to the bar or sue for malpractice if things don't go exactly how they want. As an attorney, I like to document as little as possible. I need clients I can trust.
4. Do they seem anal or controlling. My pet peeve are clients who try to micro manage me. Their bills get astronomical from the amount of contact, and of course they complain, and it forces me to explain legal theories, concepts, and philosophies that really require experience and knowledge of the subject matter, none of which they really understand. Plus, they're the type who believe they can control everything I do down to the communication. But that's not how it works. The client gets to decide the general goals and objectives, whether to settle or go to trial, etc., but how it gets done is 100% my choice. I'm actually very nice to good clients, but my general position, which I'm upfront about, is stfu and get behind me and let he handle this. Micromanagers get kicked to the curb. I don't even care how much they're paying me.
5. Have they had other counsel or are they in the middle of litigation. If so run. While it's possible that had shit counsel, 9 times out of 10, there's something wrong with the client or their matter. The client won't tell you that, nor will their prior counsel. This client usually thinks they smell like roses and the former counsel needs rid of them and you're the new fall guy.
6. Similar to 5, have they been turned down by other counsel and how many? If they've been turned down by a bunch of attorneys something is wrong with their matter. Run. The problem is that by the time you see them, they've learned what not to say, because that's that got their case turned down, and you don't want to find out a year into the matter.